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2026:BHC-NAG:11983-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

CRIMINAL WRIT PETITION NO. 530 OF 2026

1) Nilima Dilip Kannurwar, Aged about 39 years, Occ. Housewife.

2) Dilip Ganpat Kannurwar, Aged about 42 years, Occ.: Private.

Both R/o. At Po: Nokari Palgaon, Tq. Korpana, Dist. Chandrapur. …. PETITIONERS VERSUS

1) Child Welfare Committee, Through its Chairperson – (Sau. Kshama V. Basarkar -

Corrected as Deleted as per Order dated 21.07.2026)

per Order dated

2) Child Welfare Committee, 04.09.2026 Through its Member -

(Dr. Jyotsna S. Mohitkar -

Deleted as per Order dated 21.07.2026)

Nos. 1 & 2 having their office at Dr. Allurwar Building, Bal Naya Mandal Campus, Government Children Home, Mul Road, Chandrapur, Tq. & Dist.

Chandrapur.

3) Shubhangi Sunil Chhichude, Aged about 29 years, Occ.: Housewife.

4) Sunil Vitthalrao Chichude, Aged about 31 years, Occ.: Labour.

Nos. 3 & 4 R/o. At Po: Deoli, Tq. & Dist. Wardha. …. RESPONDENTS ___________________________________________________________________________

Mr. S. N. Singh for the petitioner.

Mr. Amit Chutke, APP, for the respondent-State.

___________________________________________________________________________

CORAM : URMILA JOSHI-PHALKE &

NIVEDITA P. MEHTA, JJ.

DATED : 31-07-2026 ORAL JUDGMENT : (PER : URMILA JOSHI-PHALKE, J.)

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the respective parties.

3. By this petition, the petitioners are seeking directions to quash and set aside the impugned order dated 25^th May, 2026 passed by Child Welfare Committee, Chandrapur. over the custody of the minor child “D”

(the name of the child is not mentioned to maintain secrecy).

4. The petitioners are husband and wife, and permanent resident of Korpana, Dist. Chandrapur. The respondent Nos. 3 & 4 are the biological parent of the child. As per contention of the petitioners, petitioner No. 2 is working as a contract weilder on daily wages at Ultratech Cement Company, Awarpur. He earns a respectable monthly income through his skills, enabling him to support and maintain his family. The petitioner Nos.1 & 2 are issueless, and even after many years of marriage, they did not receive blessing of a child. Therefore, with the hope of having a child, though they sought medical treatment, but all their efforts became futile and, therefore, they tried their level best to have a child by consulting medical specialists, however, they did not succeed. The petitioners and respondent Nos. 3 & 4 are having cordial and friendly relationship since now. The respondent Nos. 3 & 4 are having knowledge that the petitioners are issueless and they were having their third child. Therefore, they have decided to give their third child in adoption to petitioner Nos. 1 & 2, as the financial position of respondent No. 3 & 4 was very poor and it is difficult for them to maintain three children. Keeping in mind the child's future, respondent Nos. 3 & 4 decided that they would voluntarily give their child in adoption to the petitioners according to Hindu customs and traditions of adoption and according to law.

5. On 21^st March, 2026, the respondent No. 3 delivered a baby boy at District Women and Children Hospital, Yavatmal. By the mutual consent of respondent Nos. 3 & 4, in the month of April, 2026 the adoption ceremony was solemnized at Mahakali Temple Turst, Chandrapur. According to hindu religious customs, rites and vedic rituals, in presence of close relatives and friends from both the parties, the parties to the adoption are Hindu by caste and community, and in view of that, the entire adoption ceremony was completed. After completing all the ceremony and rituals in the aforesaid temple, the parties to the adoption have executed and signed a valid adoption deed which was notarised before the notary. Thus, the child of respondent Nos. 3 & 4 voluntarily adopted by petitioner Nod. 1 & 2 without any consideration, pressure or inducement